Secured Credit in Europe: From Conflicts to Compatibility

ISBN-13: 9781509910069 / Angielski / Twarda / 2018 / 360 str.

Teemu Juutilainen

Opis

This monograph seeks the optimal way to promote compatibility between systems of proprietary security rights in Europe, focusing on security rights over tangible movables and receivables. Based on comparative research, it proposes how best to tackle cross-border problems impeding trade and finance, notably uncertainty of enforceability and unexpected loss of security rights. It offers an extensive analysis of the academic literature of more recent years that has appeared in English, German, the Scandinavian languages and Finnish. The author organises the concrete means of promoting compatibility into a centralised substantive approach, a centralised conflicts-approach, a local conflicts-approach and a local substantive approach. The centralised approaches develop EU law, and the local approaches Member State laws. The substantive approaches unify or harmonise substantive law, while the conflicts approaches rely on private international law. The author proposes determining the optimal way to promote compatibility by objective-based division of labour between the four approaches. The objectives developed for that purpose are derived from the economic functions of security rights, the conditions for legal evolution and a transnational conception of justice. This book is an important contribution on the future of secured transactions law in Europe and more widely. It will be extremely valuable for all academics, policymakers and legal practitioners involved in this field.

Spis treści

Introduction I. Overview II. Security Rights as Relational Legal Positions III. Incompatibility: Cross-border Problems in Trade and Finance IV. The Quest for Compatibility 1. Options: The Variety of Means to Promote Compatibility I. Introduction II. Thesis: The Centralised Substantive Approach III. Antithesis: Gentler Approaches IV. Search for Synthesis: The Integrated Approach V. Conclusion 2. Objectives: The Essence of Desirable Development towards Greater Compatibility I. Introduction II. Epistemic Issues: Criteria for Choosing Objectives III. The Objective of Foreseeability IV. The Objective of Responsiveness V. The Objective of Dividing Unforeseeability Costs VI. Interrelations between Objectives VII. Conclusion 3. Choices: Options Reviewed in the Light of Objectives I. Introduction II. The Centralised Substantive Approach III. The Centralised Conflicts-Approach IV. The Local Conflicts-Approach V. The Local Substantive Approach VI. Conclusion Please follow link on right side of page to see full table of contents.